Brenton Devanny


Barrister

Admitted:
11 Aug 2009
Bar:
1 May 2014
Location:
Room N/A, Owen Dixon Chambers West,
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Brenton Devanny has a broad commercial practice. He has a focus on insolvency, banking and finance, commercial arbitration and corporations law.

Brenton appears both unled and as a junior in all jurisdictions.

Brenton holds a Master of Laws from the University of Melbourne (with a focus on International Insolvency and Arbitration) as well as a Bachelor of Laws (with Honours) and a Bachelor of Commerce.  

Experience

At the Bar, Brenton has a broad commercial practice, including:

  • applying for urgent interlocutory injunctions;
  • trustee claims under the Bankruptcy Act, in particular for sale of vested property;
  • defending appeals to the Federal Court (unled) against orders for sale, including opposing applications for a stay pending appeal;
  • successfully appealing in the Federal Court (unled) to the extent that a bankrupt's property was 'protected' under the Bankruptcy Act;
  • applications for annulments of bankruptcy, both for and against;
  • disputes concerning Small Business Restructuring;
  • disputes conterning Personal Insolvency Agreements or Debt Agreements;
  • disputes concerning Creditor’s Statutory Demands;
  • antecedent transaction litigation such as unfair preference, uncommercial transaction and unreasonable director-related transaction litigation;
  • disputes over property secured under the Personal Property Securities Act;
  • applications by liquidators and trustees for orders and directions, including remuneration applications;
  • commercial disputes, including construction disputes;
  • caveat disputes;
  • lease disputes, including Retail Leases and Residential Tenancies;
  • mediations and commercial arbitrations;
  • civil appeals.

Brenton has also acted in a high profile recognition of a foreign bankruptcy under the UNCITRAL Model Law incorporated into the Cross-Border Insolvency Act, which involved a dispute over the location of the bankrupt's 'Centre of Main Interests'. See Kapila, in the matter of Edelsten [2014] FCA 1112.

Brenton is also a contributing author to Lexis Nexis' Bankruptcy Law and Practice in the areas of:

  • Court's jurisdiction in bankruptcy;
  • Acts of bankruptcy;
  • Creditors' petitions;
  • Voluntary bankruptcy; and
  • Bankruptcy of deceased estates.

     

Brenton read with Peter Fary SC and his senior mentor was Garry Bigmore QC.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

AREAS OF PRACTICE

Alternative Dispute Resolution (ADR)
Appellate
Commercial Law
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Profile1

Brenton Devanny has a broad commercial practice. He has a focus on insolvency, banking and finance, commercial arbitration and corporations law.

Brenton appears both unled and as a junior in all jurisdictions.

Brenton holds a Master of Laws from the University of Melbourne (with a focus on International Insolvency and Arbitration) as well as a Bachelor of Laws (with Honours) and a Bachelor of Commerce.  

Experience

At the Bar, Brenton has a broad commercial practice, including:

  • applying for urgent interlocutory injunctions;
  • trustee claims under the Bankruptcy Act, in particular for sale of vested property;
  • defending appeals to the Federal Court (unled) against orders for sale, including opposing applications for a stay pending appeal;
  • successfully appealing in the Federal Court (unled) to the extent that a bankrupt's property was 'protected' under the Bankruptcy Act;
  • applications for annulments of bankruptcy, both for and against;
  • disputes concerning Small Business Restructuring;
  • disputes conterning Personal Insolvency Agreements or Debt Agreements;
  • disputes concerning Creditor’s Statutory Demands;
  • antecedent transaction litigation such as unfair preference, uncommercial transaction and unreasonable director-related transaction litigation;
  • disputes over property secured under the Personal Property Securities Act;
  • applications by liquidators and trustees for orders and directions, including remuneration applications;
  • commercial disputes, including construction disputes;
  • caveat disputes;
  • lease disputes, including Retail Leases and Residential Tenancies;
  • mediations and commercial arbitrations;
  • civil appeals.

Brenton has also acted in a high profile recognition of a foreign bankruptcy under the UNCITRAL Model Law incorporated into the Cross-Border Insolvency Act, which involved a dispute over the location of the bankrupt's 'Centre of Main Interests'. See Kapila, in the matter of Edelsten [2014] FCA 1112.

Brenton is also a contributing author to Lexis Nexis' Bankruptcy Law and Practice in the areas of:

  • Court's jurisdiction in bankruptcy;
  • Acts of bankruptcy;
  • Creditors' petitions;
  • Voluntary bankruptcy; and
  • Bankruptcy of deceased estates.

     

Brenton read with Peter Fary SC and his senior mentor was Garry Bigmore QC.